CDI 1: FUNDAMENTALS OF CRIMINAL INVESTIGATION & INTELLIGENCE

Instructor: Maria Joarlene V. Jaboya, RCrim

Module 3: PRE-FINALS

Chapter 3: Interrogation

Custodial Investigation
❖ It is the term denote the investigation conducted by the investigator on the
suspect who is under police custody. This is the stage of the investigation
where there is strict observance of the Miranda Doctrine.

Confession Distinguished to Admission

Confession
❖ It is the declaration of the accused acknowledging his guilt arising from the
commission of a crime.
Admission
❖ It is the acknowledgement of a fact or circumstance without accepting
guilt.
❖ Self-incriminatory statement by the suspect falling short of an
acknowledgement of guilt
Kinds of Confession
1. Extra Judicial Confession
❖ Those made by the suspect during custodial investigation or those
confession that are made outside of the court.
❖
Sec 3, Rule 133, Rules of Court – Extra judicial confession, not sufficient ground
for conviction: An extra judicial confession made by an accused, shall not be
sufficient ground for conviction, unless corroborated by evidence of corpus delicti
(body of crime).

2. Judicial Confession
❖ Those made by the accused in open court. The plea of guilt maybe
made during the arraignment or any stage of proceedings where the
accused changes plea of not guilty to guilty.
Sec. 2, Rule 129, Rules of Court states that “Judicial Admission is made by
the party in the pleadings, or in the course of the trial or other proceedings do not
require proof and cannot be contradicted unless previously shown to have been
made through palpable mistake”

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Kinds of Extra-Judicial Confession
1. Voluntary Extra-judicial Confession
❖ The confession is voluntary when the accused speaks of his free will
and accord, without inducement of any kind, with a full and
complete knowledge of the nature and the consequence of the
confession

2. Involuntary Extra-judicial Confession

❖ Confession obtained through force, threat, intimidation, duress or
anything influencing the voluntary act of the confessor.

Difference between Interview and Interrogation

Interviews are carried out in a more genial atmosphere. The person whom
information is taken out is set to feel at ease. It is assumed that when a person
feels no anxiety or unthreatened by person questioning, the greater tendency
that a person would speak more and thus give out more information
On the other hand, when a person is subjected to sever psychological
pressure, placing the person in great discomfort, such method is called
interrogation. This is usually employed when the one being questioned is
uncooperative. The investigator uses psychological warfare, to gain control and
force a confession over the person.

The Techniques of Interrogation

A. Emotional Appeal
❖ This is a technique where the investigator, combining his skills of an
actor and psychologist, addresses the suspect with an emotional
appeal to confess. Devotees of a religion may belong to this type.

B. Sympathetic approach
❖ The investigator, in his preliminary or probing questions must dig deep
into the past troubles, plight and unfortunate events in the life of the
suspect. An offer of help, kindness, friendliness, may win his
cooperation.

C. Friendliness
❖ A friendly approach coupled with a posture of sincerity may induce
the suspect to confess.

D. Tricks and Bluff Techniques

a) The pretense of solid evidence against the accused
b) The weakest link
c) Drama
d) Feigning contact with family members
e) The Line Up method
f) Reverse Line Up

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 E. Stern Approach
❖ The investigator displays a stern (demands immediate response)
personality towards the suspect by using the following methods:

➢ Jolting – in the questioning process, the investigator selects the

right moment to shout a pertinent question in an apparent
righteous outrage. The suspect’s nerves will break to a confession.

➢ Opportunity to Lie – the suspect is given all the opportunities to lie.

The suspect is questioned about his personal life, family, friends
and his knowledge about the complainant and witnesses. The
suspect is questioned about his activity prior, during and after the
commission of the crime.

F. The Mut and Jeff or Sweet and Sour Method

❖ The first set of investigators must appear to be rough, mean and
dangerous.
When they had finished the interrogation, the second investigator
intervenes by stopping the first set of investigators. By being
sympathetic and understanding, he begins his interrogation. If the
suspect still refuses to cooperate, then the process is repeated until
there is a confession.

G. Removing the Ethnic or Cultural Barrier

❖ If the suspect is a Gaddang, a Gaddang investigator and the same
should interrogate him, the same with other ethnic or cultural groups.

H. Searching for the Soft Spot

❖ In the man’s heart, there is always that softest spot.

Additional Modern Techniques of Interrogation

a) Rationalization – it is the use of reasons, which is acceptable to the subject
that led to the commission of the crime.

b) Projection – it is the process of putting the blame to others persons, not

alone to the suspect.

c) Minimization – it is the act of minimizing the culpability of the suspect.

Apparent Signs of Deception

1. Excessive Sweating
❖ the profuse sweating indicates tension, anxiety, shock or fear.
Extreme nervousness is also the cause of sweating.

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 2. Change of Facial Color
❖ Anger is indicated if the face is blushing. It is also the result of extreme
nervousness or embarrassment. It is necessary as a sign of deception
or guilt. A pale face is a reliable indicator of guilt or deception.

3. Dry Mouth
❖ This is a sign of great tension and is a reliable symptom of deception.
Swallowing, constant movement of the Addams apple and sweating
of the lips are indications of dryness of the mouth.

4. Excessive Breathing
❖ An effort to control breathing during the critical questioning is an
indication of deception. Gasping of breath is the ultimate result of
the control in breathing.

5. Increase of Pulse Beat

❖ When observed at the side of the neck, the investigator has to
discover the increase of pulse beat which is indicate of deception.

6. Avoidance of Direct Eye Contact

❖ This may indicate guilt or deception. Misty or Teary eyes indicate
remorse or repentance.

Arrest, Search, Seizure and Raid

The term “arrest” came from Latin word “arrestare” which means “cause to
stop” and “restare” which means “stay behind”
On the otherhand, the word search was derived from the Anglo-Norman
word “searche,” Old French “cerchier” which means “to explore” Latin word
“circare” which means “go around in circles.”

Arrest Defined
❖ Arrest is the actual taking of a person or persons into custody by an
authority in order that he/they may be bound to answer for the
commission of an offense.

General Rule: No one can arrest a person unless with a valid warrant of arrest.

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Warrant of Arrest

❖ It is an order in writing issued in the name of the People of the

Philippines, signed by a judge and directed to a peace officer,
commanding him to arrest a person stated therein and bring him into
custody of the law in order that he may be bound to answer for the
commission of an offense.

Richard Doe/ John (Jane) Doe Warrant

❖ It is a warrant containing no specific person to be arrested but only
description based from the testimonies of the victims or the witnesses.

Warrant Officer
❖ It is any authorized member from the law enforcement agency
usually from the Philippine National Police (PNP) or National Bureau
of Investigation (NBI) who holds a warrant for execution within 10
days from receipt subject to renewal in case of failure to execute the
same.

Alias Warrant
❖ It refers to the warrant of arrest issued by a judge to the peace officer
after returning the original warrant of arrest after the lapse of the 10-
day validity period.

When a warrant of arrest not necessary;

1. When the accused is already in detention
2. When the accused was arrested by virtue of a lawful arrest without
warrant
3. When the penalty is of a fine only
4. Those covered by a summary procedure

Procedure when arrest is made;

1. Secure the person arrested (handcuff at the back)
a. Conduct thorough search for weapons and other illegal materials
b. Inform the arrested person of his right

2. Use reasonable force in making arrest

a. Confiscated evidence shall be properly documented
b. Bring the arrested person to the nearest accredited hospital for
medical examination
c. Bring the arrested person to the police station for documentation

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Types of Searches
1. Wall Search
❖ The purpose is to place the subject in an “Off-balance” position
requiring the use of both arms and legs to keep him from falling to
the ground.

a. Require subject to place both hands of the wall slightly higher than his
waist. Spread hands far apart as possible. Palms should be placed
against the wall fingers extended.
b. The subject’s feet must be extended back away from the wall as far as
possible. Spread them far apart as possible, toes pointed out. Buttocks
should not be on an arched position.
c. The subject’s head should be down or bowed at all times.

2. Standing Search
a. Raise subject’s hand over his head and spread his feet far apart as
possible.
b. This is also discouraged for the same reason as the “standing search.”

3. Kneeling Search
a. Subjects kneels on the ground with the hands raised over his head.
b. This is also discouraged for the same reason as the “standing search.”

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 4. Prone Search
a. Subject lies on his stomach with arms and legs outstretched.
b. Subject has both arms and legs free and is at all times in an “on-
balance” position
c. Front part of clothing cannot be searched
d. This can be extremely dangerous if the subject has knowledge of judo.

Lawful Warrantless Arrest

A peace officer or a private person may, without warrant, arrest a person
with the following:
1. When in his presence, the person to be arrested has committed an offense;
2. When an offense has just been committed and he has probable cause to;
believe, based on personal knowledge of facts or circumstances that the
person to be arrested has committed it;
3. When the person to be arrested is a prisoner-escape.

Search and Seizure

Search defined
❖ Search is an examination of an individual’s person, house, papers or
effect, or other buildings and premises to discover contraband or
some evidence of guilt to be used in the prosecution of a criminal
action.
General Rule: Any police officer cannot search unless there is a valid search
warrant. To be valid, probable cause must establish.

Seizure
❖ It refers to the collection of evidence by law enforcement officials and to
the arrest of persons.

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Search And Seizure
❖ An examination of a person’s premises (residence, business, or
vehicle by law enforcement officers looking for evidence of the
commission of a crime, and the taking (seizing and removal) of
articles of evidence (such as controlled narcotics, a pistol,
counterfeit bills, a blood-soaked blanket).

Search Warrant
❖ It is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property and bring it before
the court.

The Basic Principle of Search Warrant

1. It shall be issued by the judge directed to a peace officer commanding
him to search for personal property and bring him to search for personal
property and bring it before the court.
2. It has a 10-day validity period upon receipt of the search warrant.
3. The issuing judge must be within the place where the crime committed, or
the issuing judge must be within the place where the property be seized.
4. In enforcing the search warrant, the officer must observe the two-witness
rule in the process of search.
5. As general rule; it is only enforceable at day time.

Instances of Warrantless Searches

1. Search Incidental to a Lawful Arrest
❖ This is legally accepted provided that the search is
contemporaneous to the arrest and within the permissible area. A
person lawfully arrested may be searched for dangerous weapons or
anything, which may be used as a proof of the commission of an
offense, without a search warrant. The warrantless search and
seizure, as an incident to a lawful arrest, may extend beyond the
person of the one arrested to include the premises or surroundings
under his/her immediate control.

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2. Search in Violation of Traffic and Custom Laws
❖ The search involves illegally entry of “smuggled goods” in our country
that may affect the local businesses especially the small-time
businessmen. The search is usually conducted by the officers and
agents of the Bureau of Customs.

3. Plain View Doctrine Search

➢ The following requisites concur:

a) the law enforcement officer in search of the evidence has a

prior justification for an intrusion or is in a position from which
he can view a particular area;
b) the discovery of evidence in plain view is inadvertent;
c) it is immediately apparent to the officer that the item he
observes may be evidence of a crime, contraband or
otherwise subject to seizure.